MITADER INSTITUTIONAL CAPACITY NEEDS ASSESSMENT FOR Strengthening Environmental Management in the Oil and Gas Sector in Mozambique First published in 2018 by the United Nations Environment Programme © 2018, United Nations Environment Programme This project was made possible by the generous contribution of Norway's Oil for Development (OfD) Programme. United Nations Environment Programme P.O. Box 30552, Nairobi, KENYA Tel: +254 (0)20 762 1234 Fax: +254 (0)20 762 3927 E-mail: [email protected] Web: http://www.unep.org UNEP. (2018). Institutional Capacity Needs Assessment for Strengthening Environmental Management in the Oil and Gas Sector in Mozambique. This publication may be reproduced in whole or in part and in any form for educational or non-profi t purposes without special permission from the copyright holder provided acknowledgement of the source is made. 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Our distribution policy aims to reduce UNEP’s carbon footprint. 2 INSTITUTIONAL CAPACITY NEEDS ASSESSMENT FOR Strengthening Environmental Management in the Oil and Gas Sector in Mozambique UN Environment © Awareness Raising Workshop on the role of environmental management in the oil and gas sector and initiating the capacity needs assessment process held at Hotel Cardoso, Maputo, 20 February 2018 3 ACKNOWLEDGEMENTS 7 LIST OF ACRONYMS 8 EXECUTIVE SUMMARY 10 OBJECTIVES AND SCOPE 10 POLICIES AND LEGAL FRAMEWORKS RELATED TO THE OIL AND GAS SECTOR 11 INSTITUTIONAL ARCHITECTURE FOR ENVIRONMENTAL MANAGEMENT IN THE OIL AND GAS SECTOR 12 REGULATORY INSTITUTIONS: STAFFING, RESOURCES AND TECHNICAL CAPACITY 13 THE EIA PROCESS FOR OIL AND GAS PROJECTS 13 ENVIRONMENTAL DATA RELEVANT TO THE OIL AND GAS SECTOR 13 EMERGENCY PREPAREDNESS AND RESPONSE 14 CHEMICALS AND WASTE MANAGEMENT 14 WAY FORWARD 15 1 INTRODUCTION – THE OIL AND GAS SECTOR IN MOZAMBIQUE 19 1.1 EARLY EXPLORATION 19 1.2 RECENT DEVELOPMENT AND DISCOVERIES 19 1.3 OVERVIEW OF THE UPSTREAM OIL AND GAS SECTOR 23 1.4 SUPPORTING THE DEVELOPMENT OF THE OIL AND GAS SECTOR 25 1.4.1 FUTURE EXPECTATIONS 25 1.4.2 EXISTING INITIATIVES 25 1.4.3 PARTICIPATION OF THE OIL FOR DEVELOPMENT PROGRAMME 25 2 PURPOSE AND OBJECTIVES OF THE CAPACITY NEEDS ASSESSMENT 27 3 CAPACITY NEEDS ASSESSMENT METHODOLOGY 28 3.1 PHASE I: DESK REVIEW 28 3.2 PHASE II: AWARENESS-RAISING WORKSHOP AND DATA GATHERING 28 3.3 PHASE III: FIELD VISITS AND OIL AND GAS FOUNDATION COURSE 30 3.4 PHASE IV: VALIDATION WORKSHOP 30 3.5 FINAL REPORTING 30 TABLE OF CONTENTS OF TABLE 4 UNEP 2018 MOZAMBIQUE INSTITUTIONAL CAPACITY NEEDS ASSESSMENT 4 KEY FINDINGS AND RESULTS 31 4.1 POLICIES AND LEGAL FRAMEWORKS RELATED TO OIL AND GAS 31 4.1.1 OVERVIEW 31 4.1.2 LEGISLATION GAPS AND CHALLENGES OF IMPLEMENTATION 38 4.1.3 STRATEGIC SECTOR PLANNING 39 4.1.4 EMISSIONS AND FLARING OF GAS 40 4.2 INSTITUTIONAL ARCHITECTURE FOR ENVIRONMENTAL MANAGEMENT IN THE OIL AND GAS SECTOR 40 4.2.1 OVERVIEW 40 4.2.2 INSTITUTIONAL PROFILES AND MANDATES 42 4.2.3 COORDINATION AND COMMUNICATION ON OIL AND GAS ISSUES 43 4.3 REGULATORY INSTITUTIONS: STAFFING, RESOURCES AND TECHNICAL CAPACITY 44 4.3.1 OVERVIEW 44 4.3.2 TECHNICAL CAPACITY 45 4.3.3 FINANCIAL AND MATERIAL RESOURCES 46 4.4 THE EIA PROCESS FOR OIL AND GAS PROJECTS 47 4.4.1 OVERVIEW 47 4.4.2 REVIEW, APPROVAL AND DISSEMINATION OF EIAS 48 4.4.3 RELATIONSHIP BETWEEN PROPONENT AND REGULATORY AUTHORITY 51 4.4.4 EIA COMPLIANCE AND MONITORING 51 4.4.5 DECOMMISSIONING 52 4.5 ENVIRONMENTAL DATA RELEVANT TO THE OIL AND GAS SECTOR 53 4.5.1 DATA AVAILABILITY AND ACCESSIBILITY 53 4.5.2 SENSITIVITY MAPPING 54 4.6 EMERGENCY PREPAREDNESS AND RESPONSE 55 4.7 CHEMICALS AND WASTE MANAGEMENT 56 5 SUMMARY AND NEXT STEPS 58 REFERENCES AND DOCUMENTS REVIEWED 60 ANNEXES 61 ANNEX 1. CNA ITINERARY OF THE UN ENVIRONMENT TEAM 61 ANNEX 2. LIST OF PARTICIPANTS AND INSTITUTIONS MET 62 ANNEX 3. VALIDATION OF KEY CHALLENGES AND RECOMMENDATIONS TABLE OF CONTENTS OF TABLE MATRIX FROM THE NATIONAL STAKEHOLDER CONSULTATION WORKSHOP (MAY 2018) 65 ANNEX 4. DESCRIPTION OF THE PRINCIPAL LEGISLATION RELEVANT TO OIL AND GAS SECTOR 70 ANNEX 5. INSTITUTIONAL PROFILES 72 UNEP 2018 MOZAMBIQUE INSTITUTIONAL CAPACITY NEEDS ASSESSMENT 5 FIGURE A1. Institutional Architecture for Environmental Management in the oil and gas sector in Mozambique, represented by eight principal ministries (shaded) with various agencies and directorates. See List of Acronyms for full titles of the MDAs 12 FIGURE 1. Mozambique exploration map showing companies’ shares in blocks and the major hydrocarbon basins (shaded areas). Source: modified from INP (supplied December 2018) 20 FIGURE 2. Sasol’s Central Processing Facility close to Vilanculos, in operation since 2004 22 FIGURE 3. Port town of Pemba, Cabo Delgado Province, providing logistical and maritime support to offshore gas exploration since 2009 22 FIGURE 4. Recent well completions (MB Mozambique Basin; RB Ruvuma Basin). Source: www.inp.gov.mz 23 FIGURE 5. Results of the 5th licensing round. Source: www.inp.gov.mz 24 FIGURE 6. UN Environment team conducting face-to-face interviews with MITADER staff, February 2018 28 FIGURE 7. Institutional architecture for environmental management in the oil and gas sector in Mozambique, represented by eight principal ministries (shaded) with various agencies and directorates. See List of Acronyms for full titles of the MDAs 41 FIGURE 8. MITADER headquarters, Avenida Josefina Machel, Maputo, one of eight sets of offices, housing three other entities (related to cadastral services and mapping, and forestry) 42 FIGURE 9. Working groups or commissions to address environmental and social issues related to the oil and gas sector in Mozambique. Source: CNA Questionnaire (completed by eight respondents) 43 FIGURE 10. Gender balance within institutions involved in the oil and gas sector in Mozambique. Source: CNA Questionnaire (completed by eight respondents) 45 FIGURE 11. Training specifically in oil and gas exploration and production sector in Mozambique. Source: CNA Questionnaire (completed by eight respondents) 45 FIGURE 12. Training in environmental and social issues related to oil and gas sector in Mozambique. Source: CNA Questionnaire (completed by eight respondents) 46 FIGURE 13. Financial resources to address environmental and social issues related to oil and gas sector in Mozambique. Source: CNA Questionnaire (completed by eight respondents) 47 FIGURE 14. The recently revised EIA Process in Mozambique for A+ Projects, with the yellow shaded entries supplied by the proponent. Source MITADER 48 TABLE A1. Summary of key challenges and recommendations 15 TABLE 1. Mozambique policies relevant to oil and gas sector 32 TABLE 2. Mozambique legislation relevant to oil and gas sector 33 LIST OF FIGURES & TABLES & FIGURES OF LIST 6 UNEP 2018 MOZAMBIQUE INSTITUTIONAL CAPACITY NEEDS ASSESSMENT ACKNOWLEDGEMENTS ACKNOWLEDGEMENTS The UN Environment team wishes to thank the 80 plus individuals for their time, patience and contribution to the Capacity Needs Assessment process that started in February 2018 and included those who attended the Introductory Meeting in March, the Foundation Course on “Oil and Gas Exploration and Production and Promoting Sound Environment Management” in late April and the Validation Workshop of early May. For facilitating the entire process from the start, we are very grateful to Suleimane Meguegy (FNDS), Rosana Francisco (MITADER/DINAB) and Abelina Chambule (INP). To those who took the time to complete the capacity needs assessment questionnaire, and responded to numerous email requests, we value your contribution and thank you for your time. UN Environment © UNEP 2018 MOZAMBIQUE INSTITUTIONAL CAPACITY NEEDS ASSESSMENT 7 LIST OF ACRONYMS ACRONYM Name of entity [English translation] DINATUR Direcção Nacional do Turismo [National (parent Ministry where applicable) Directorate of Tourism] (MICULTUR) AFD Agence Française de Développement DINOTER Direcção Nacional de Ordinamento Territorial e Reassentamento [National AGO Attorney General’s Office Directorate of Resettlement and ANP Administração Nacional das Pescas Territorial Planning] (MITADER) [National Fisheries Administration] DLA Divisão Licenciamento Ambiental (MIMAIP) [Department of Environmental ANAC Administração